6
8(2)(d), 8(2)(g) (Right to a Fair Trial); 25(1) (Judicial Protection); 13 (Freedom of
Thought and Expression) and 24 (Right to Equal Protection) of the American
Convention, to the detriment of Alfredo López-Álvarez, in relation to the general duty
to respect and guarantee rights and liberties as set forth in Article 1(1) thereof, as
well as for the violation of Article 5(1) (Right to Humane Treatment) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Teresa ReyesReyes, Alfa Barauda López-Reyes, Suamein Alfred López-Reyes, Gustavo Narciso
López-Reyes, Alfred Omaly López-Suazo, Deikel Yanell López-Suazo, Iris Tatiana
López-Bermúdez, José Álvarez-Martínez, Joseph López-Harolstohn, José Jaime
Reyes-Reyes, María Marcelina Reyes-Reyes, Apolonia Álvarez-Aranda, Catarino
López, Alba Luz García-Álvarez, Rina Maribel García-Álvarez, Marcia Migdalia GarcíaÁlvarez, Mirna Suyapa García-Álvarez, and Joel Enrique García-Álvarez.
13.
That the Court notes that in view of the foregoing, and in light of the purpose
of the provisional measures and the facts described in the case of López-Álvarez
which gave rise to the request for the adoption of the above-mentioned measures, as
well as of the Judgment rendered in said case, it does not follow that the alleged
threats and harassment described by the representatives and the Commission and
allegedly committed to the detriment of the beneficiaries in connection with their
work in the defense of the rights of the Garifuna community of “Triunfo de la Cruz”
over their ancestral lands have a direct bearing on the facts which prompted the
adoption of provisional measures.
14.
That the Court notes that the beneficiaries of the above-mentioned
provisional measures and the State have reached an agreement within the
framework of such measures. It is also to be noted that the State has complied with
its duty to inform the Court about the measures adopted, from which it follows that it
is willing to allow the beneficiaries to take part in the adoption of such measures.
15.
That, additionally, the Court has taken cognizance of the information provided
by the Inter-American Commission in its communication of August 18, 2006,
wherein it pointed out that case No. 12.548 (Garifuna community of Triunfo de la
Cruz and its members), as well as precautionary measure No. 253-05 (Community
of Triunfo de la Cruz) are being processed before the Commission, in relation to facts
which, in accordance with the Commission, have a bearing on these provisional
measures.
16. That when determining the adoption of provisional measures, the Court may not
consider the merits of any arguments pertaining to issues other than those which
relate strictly to the situation of extreme gravity and urgency and the need to avoid
irreparable damage to persons. Such other issues may only be brought before the
Court through contentious cases or requests for advisory opinions.6
17.
That in view of the foregoing, and taking into consideration that from the
information requested to the parties it does not follow that the situation of extreme
gravity and urgency persists in relation to the purpose of these provisional
measures, the Court deems it relevant to lift the protection measures adopted in
behalf of Alfredo López-Álvarez and Teresa Reyes-Reyes.
6
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court
of August 20, 1998, Considering clause 6; Matter of Leonel Rivero et al., supra note 2, Considering clause
17; and Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional
Measures regarding Brazil. Order of the Court of November 25, 2008, Considering clause 13.